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TEAMSTERS LOCAL UNION NO. 455 v. N.L.R.B.

No. 12-9519.

765 F.3d 1198 (2014)

TEAMSTERS LOCAL UNION NO. 455, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. Harborlite Corporation, Intervenor.

United States Court of Appeals, Tenth Circuit.

August 27, 2014.

Attorney(s) appearing for the Case

Michael J. Belo , Berenbaum Weinshienk PC, Denver, CO, for Petitioner Teamsters Local Union No. 455.

Zachary Henige , Washington, D.C. ( Robert J. Engelhart , Supervising Attorney, Amy H. Ginn , Attorney, Lafe E. Solomon , Acting General Counsel, Celeste J. Mattina , Deputy General Counsel, John H. Ferguson , Associate General Counsel, and Linda Dreeben , Deputy Associate General Counsel, on the brief) for Respondent National Labor Relations Board and Stuart F. Delery , Principal Deputy Assistant Attorney General, Beth S. Brinkmann , Deputy Assistant Attorney General, Douglas N. Letter , Scott R. McIntosh , Joshua P. Waldman , Mark R. Freeman , Sarang V. Damle , Melissa N. Patterson , and Benjamin M. Shultz , Civil Division, United States Department of Justice, Washington, D.C., filed a supplemental brief for Respondent National Labor Relations Board.

J. Thomas Kilpatrick , Alston & Bird LLP, Atlanta, GA ( Wes R. McCart with him on the briefs) for Intervenor Harborlite Corporation.

Before GORSUCH, EBEL, and O'BRIEN, Circuit Judges.

GORSUCH, Circuit Judge.

What happens when company and union can't come to terms? Sometimes the union might wish to strike, but sometimes not. What happens then — when the union prefers work to continue? Under Supreme Court precedent employers are often permitted to "lock out" the employees and hire temporary replacement workers until a collective bargaining agreement is reached. But what happens if the employer threatens to hire permanent replacements...

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